In What Instances Can You Be Evicted?

Various situations may lead to eviction in California.

In California, a landlord may terminate a lease agreement for a number of different reasons including failing to pay rent, frequently paying the rent late, violating the lease agreement and damaging the rental property. Written notices for eviction are required for each type of termination, and if the tenant refuses to leave, civil court proceedings may be required to permanently end the tenancy.

Failure to Pay Rent

Failure to pay rent will likely result in a "pay rent or quit" notice being posted. The tenant will have three days to pay the past due rent or move out in such a case. If rent remains unpaid once proper notice has been given, the landlord may file for eviction. If rent is frequently paid late, the landlord may order an unconditional quit notice for repeat violation of the rental agreement. Such notice requires the tenant to vacate without allowing a chance to rectify the problem.

Violation of Lease Terms

If any lease term provision is violated, the landlord may use a three-day notice of eviction to cure or quit the problem. The notice must thoroughly describe the terms that are being violated and allow the tenant time to correct the violation. Such violations may include having pets when the lease specifically states "no pets" or having roommates when there is "no subletting."

Damaging Rental Property

Causing excessive damage to a rental property, beyond normal wear and tear, may also lead to eviction. An unconditional quit notice will be served upon a tenant who causes serious damage to a rental property. Such notice does not provide a chance to rectify the problem but simply requires that the tenant move out in three days. According to California Civil Procedure Code Section 1161 (4), the lease is terminated if the tenant damages the property.

Engaging in Illegal Activity

Unlawful detainer lawsuits may be brought forth against tenants who engage in certain illegal activities such as drug dealing, unlawful use of weapons or the manufacturing of weapons. This type of eviction typically moves forward much more quickly than a standard eviction process, often allowing the tenant only five days to respond to a summons and bringing the case in front of a judge in under 30 days.

About the Author

Mary Lamphere writes travel, real estate, wellness, health and business content for a variety of online portals. Her work has been featured by a number professional websites since she started writing in 2005. Lamphere holds a Bachelor's degree in business management and is an experienced author, content manager and editor.